When couples get divorced, one of the things that they often do is start putting blame on each other. While pointing the finger and ascribing fault to people in a divorce can have some applicability in certain areas of a divorce, it has really no applicability in one area of divorce – whether the couple should be able to get a divorce in the first place.
No-Fault Divorce in Florida
That is because Florida is what is known as a no-fault divorce case. Putting aside all of the other issues that arise in a divorce, neither party has to show that anybody did anything wrong, nor does either party have to show that they “deserve” a divorce.
All that needs to be shown in order to get a divorce is to show that the marriage is irretrievably broken or, as is often used, that the couple has “irreconcilable differences.” This is a relatively easy standard to meet and is difficult for either party to contest. It does not require that any party did anything “wrong,” like adultery or taking marital money. It does not require any showing that one party “caused” the divorce.
The end result is that while the divorce may take time as the parties litigate the issues in the divorce, like custody or alimony or property division, the parties do not have to prove that they have a right to be divorced in the first place, nor can a party convince a court not to enter a divorce, just because a spouse doesn’t want to be divorced.
This is why, in cases where all of the issues are agreed to by the spouses, the divorce can be entered relatively quickly. With nothing like child support or alimony to fight over, where the only issue is just the divorce itself, there is little to argue or fight about, and the divorce can be entered quickly by the court.
Other States’ Requirements
Some states that have no-fault divorces do have a waiting period or a cool-off period that parties need to wait out in order to get a divorce finalized, even if all the other legal issues have been resolved between the parties. Some states have requirements that spouses must live separately for a period of time before the divorce to show the marriage is irretrievably broken.
But Florida has no such mandatory waiting period or requirements.
When One Spouse Wants to Stay Married
There are occasions where a spouse really does not believe that the marriage is broken or where a spouse believes the marriage can be saved. On the one hand, that is admirable, and courts certainly favor keeping marriages intact. But legally, a court cannot force someone to stay married to someone they no longer want to be married to.
What will generally happen is that the court will order the parties to mediation or at least suggest counseling—but the court cannot legally deny a divorce just because one spouse believes the marriage can be saved.
Often, a spouse who does not want a divorce will not answer divorce paperwork that is served on them or file responsive documents to the divorce petition. That is a bad idea, the court can enter a default against a spouse who does not respond, and the spouse can lose valuable rights to property or the ability to get or receive alimony.
Issues Within the Divorce
What does get confusing is that some issues that relate to fault and thus have no relevance to the divorce itself (i.e., whether the parties have a right to get divorced) may have relevance (and thus cause fighting) in issues surrounding or within the divorce. In other words, the fact that it is easy to ask the court to get divorced does not mean the issues within the divorce are easily resolved.
For example, a spouse may argue that the other spouse has or had a bad drug problem and that the drug problem caused the problems in the marriage. That does not matter for the purpose of getting the divorce-the divorce will, eventually, be granted, drug problem or not, regardless of whether it caused the parties to divorce. But it may matter when it comes to issues like time-sharing with kids or division of property.
The same goes for adultery. The fact that a spouse cheated does not matter in terms of whether the parties have a legal right to get divorced. It may matter in terms of alimony (adultery is a factor that courts can consider when making alimony awards).
Misconduct that affects finances and property may be an issue. So, for example, if a cheating spouse spent a lot of marital money on his or her affairs, that does not mean they are “at fault” for the divorce itself, but it could affect that spouse’s right to receive property in the divorce.
Courts Do Not Ask About Fault
Outside of these specific issues that are resolved as part of and within a divorce, courts will almost never ask why the couples are getting divorced or whose fault the breaking of the marriage is. Practically, those reasons often come out while dealing with other issues (child support, property division, or alimony), but the court does no inquiry to see who caused the marriage to fail.
Additionally, there are no presumptions based on fault. So, for example, the fact that a husband may have been a “bad husband,” causing the marriage to fail, will not make it any more or less likely that he will get time-sharing with the kids or that he will have to pay or not pay or receive alimony.
Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.
You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.
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